Negotiable instrument act
chandrasen Vijay More
(Querist) 12 August 2016
This query is : Resolved
Sir
(A) Me having Joint Account with my
1)father 2) Mother 3)My self(son) Saving account
in State Bank of India .
(B) Other Account of My father Pension (Account) In BAnk of Baroda single but after ward father got alzheimer and could not do signature properly so moher name was added in it , now my elder brother is Banker and fooling mother to do division because me have some Job problem and was at home and he was complaining eating pension ... and he strated doing divison.
and in mean while we have added the name of Mother in Pension account due to some dispute Brother tooked the mother with him and father with me me Job less and me spend 1.50 lac on hospitalization and and as mother is & pass does not know banking he misguided that me is doing wrong signature on cheque on mother and taking money from bank.
And she acted on the advise of my brother and she complained the Bank and Pension account was Freezed.
(c)Now father is dead/ 2 year before
and i got cheque his single name printed of pension account of Bank if Baroda duly signed and written on it Vijay B More and date 08/08/2016 and me deposited this cheque today cheque of Bank of Baorda Pension account in our Joint Account with my
1)father 2) Mother 3)My self(son) Saving account
in State Bank of India .
Is it Illegal
Thakning YOu
Chandrasen V More
Guest
(Expert) 13 August 2016
Mr. Chandrasen Vijay More,
Yours is very vague question. The question arises, when father died 2 years back, how, from which source and for what you got cheque, dated 08/08/2016, printed with single name of pension account of father?
Rajendra K Goyal
(Expert) 13 August 2016
No pension is payable after the demise of the pensioner.
If provision of family pension exist, required documents need to be submitted to department for starting / payment of family pension.
Any pension credited in the pension account after the death of the pensioner need to be returned to the department. Not doing so is fraud / criminal act.
The balance in the pension account after such refund is to be paid as per operation instructions in the Bank (to survivor or legal heirs).
After the death of account holder, the balance of the account belong to all the legal heirs and in general no cheque signed by the deceased need to be paid from the account.
If you have deposited for collection the cheque after filling it, previously signed by the deceased before 2 years, you have committed a criminal act and can be booked.
Try to have amicable settlement with family members.
